Thank you, Mr. Speaker. Mr. Speaker, Your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Information and Privacy Commissioner.

Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 3-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Information and Privacy Commissioner, be deemed read and printed in the Hansard in its entirety.

Thank you, Member for Frame Lake. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion passed.

---Carried

INTRODUCTION

The Standing Committee on Government Operations (Committee) has reviewed the 2022-2023 Annual Report of the Northwest Territories Information and Privacy Commissioner (Commissioner).

The Committee thanks Ms. Andrew Fox, Information and Privacy Commissioner, for his appearance before the Committee on April 15, 2024. The Access to Information and Protection of Privacy Act (ATIPP) and the Health Information Act (HIA) require the Commissioner to prepare an annual report. The Speaker tables the report in the Legislative Assembly. Once tabled, Committee reviews the report.

The Commissioner's 2022-2023 report includes an assessment of the effectiveness of the Act, a report on the Office's activities, and recommendations for consideration by the Legislative Assembly. The Commissioner's work and recommendations are reflected in Committee's observations.

ABOUT THE INFORMATION AND PRIVACY COMMISSIONER

The Information and Privacy Commissioner is a Statutory Officer of the Legislative Assembly. The Commissioner's primary functions involve:

• Receiving and reviewing complaints about breaches of privacy.

• Receiving and reviewing complaints about the adequacy of public bodies' responses to access to information requests

• Reviewing Privacy Impact Assessments (PIAs), and

• Reviewing and commenting on proposed legislation regarding possible implications for privacy protection or access to government information.

ATIPP

The Commissioner made three recommendations in the annual report concerning ATIPP. Additional details about each recommendation can be found in the 2022-2023 annual report:

1. That the government consider amending ATIPP to allow a public body to extend the time once for the period required to complete third-party consultation without authorization by the Commissioner. For subsequent extensions, public bodies should continue to seek authorization from the Commissioner.

2. That public bodies should review their legal obligations to respond to access to information requests and evaluate their capacity to provide responses within the legislated time periods. They should also ensure, either collectively or individually, that the GNWT's Access and Privacy Office (APO) is appropriately resourced so that it can reliably assist public bodies to respond to access to information requests within the legal time periods and to comply with the relevant procedural requirements.

3. That the government should consider amending ATIPP to expressly state the Information and Privacy Commissioner has discretion to extend the time required to complete a review. Such an amendment should include a requirement to give notice of an extension to all parties. Committee acknowledges and supports the Commissioner's recommendations concerning the Access to Information and Protection of Privacy Act. Therefore, Committee recommends that:

Recommendation 1: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a timeframe for implementing the Information and Privacy Commissioner's three recommendations related to the Access to Information and Protection of Privacy Act.

Timely Access to Information

During the public review on April 15, 2024, the Commissioner spoke about the Government of the Northwest Territories (GNWT) failing to meet the legislated timeframes to respond to information requests. The APO is responsible for accepting requests from individuals applying for access to information and correction of personal information. Once the APO receives a request, they work with the relevant public body to get the required records. The Commissioner believes that both public bodies and the APO are not sufficiently resourced to respond to access to information requests within the legal time periods.

The Commissioner committed to provide Committee with:

a. A flow chart or similar tool outlining where the bottlenecks are in the processing of information requests and

b. Suggestions to resolve the timing issues.

Open Government

In 2019, Bill 29: Act to Amend the Access to Information and Protection of Privacy Act, updated Section 72 to obligate public bodies to identify categories of records that do not contain personal information and can, therefore, be made available to the public without the need for a formal access request under the Act.

Simultaneously, the GNWT committed to increasing openness, transparency, and accountability by embracing the “Open Government” movement and publicly released the Open Government Policy. During the public review, the Commissioner stated that he does not believe public bodies have done much work to increase public disclosures.

Committee found the Open Government Policy sets out actions to advance the GNWT's commitment to the principles of Open Government in three areas:

Open Information

Open Information means that government-held information is released proactively and made available to the public through a variety of means in formats that are accessible and user-friendly. The Proactive Disclosure Directive,7 signed in July 2023, identifies categories of information and guidance to public bodies on how to maximize the release of information.

Committee believes that the GNWT is not proactively disclosing all information and documents outlined in the directive (for example, Committee is not aware of internal audit and evaluation reports being disclosed). Consequently, Committee is recommending that:

Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide the date by when all information and documents identified in the Proactive Disclosure Directive will be released and updated.

Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories review and update the Proactive Disclosure Directive to maximize the release of information.

Areas of consideration at the least should include:

1. Recipients of grants and contributions

2. Summaries of briefing notes received by ministers and deputy heads

3. Material prepared for incoming ministers and deputy heads on duties and functions

4. Public body internal process and procedure documents.

Furthermore, Committee requests a date by when this review will be completed.

Open Data

The Open Data Portal (opendata.gov.nt.ca) is designed to make government-held data available to the public in accessible and user-friendly formats. The Portal includes the release of datasets, facts, figures, or statistics. The Open Government Policy calls for the establishment of specific directives and guidelines regarding the release of government data and information. According to the Open Government Frequently Asked Questions, the initial set of directives and guidelines were to be established throughout 2018 and 2019. Committee notes that, as of May 15, 2024, the Portal includes 339 datasets; however, it is not clear to Committee what information resources are to be open and released, what decision processes are in place for the release of open data, nor what activities departments have undertaken to maximize the release of data.

Recommendation 4: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide:

1. A Directive on Open Government to maximize the release of government information and data of business value to support transparency, accountability, and citizen engagement.

2. Departmental Open Government Implementation Plans that outline departmental direction, strategies, and initiatives undertaken to meet the requirements of the Open Government Policy.

3. Inventories of all data and information resources of business value held by each department with determinations of eligibility and priority, and the plan for effective release.

4. Periodic progress reports. If these directives and guidelines do not yet exist, Committee requests a date by when these directives and guidelines will be created and implemented.

Open Dialogue

Open Dialogue means that a range of engagement activities are made available to encourage meaningful engagement of residents, communities, and organizations in government decision-making processes. Committee acknowledges the 2022 Public Engagement Employee Guide9 as a strong step in ensuring a common approach and resources to support public engagement. Committee is interested in the success of Open Dialogue and recommends:

Recommendation 5: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide to Committee, and publish, all evaluation worksheets/reports from public engagement evaluation since the Public Engagement Employee Guide was released in July 2022.

HIA

The Commissioner made seven recommendations in the annual report concerning HIA. Additional details about each recommendation can be found in the 2022-2023 annual report:

1. That the Department of Health and Social Services should consider implementing a policy, or the government should consider amending the Health Information Act, to require health information custodians to report to the Commissioner regarding the implementation of accepted recommendations.

2. That the GNWT should review the need for privacy-protective policies and procedures to support a specialized emergency response such as the COVID19 Coordinating Secretariat and ensure it is equipped to operate within the bounds of the Health Information Act.

3. That Health Information Custodians should continue to reduce or eliminate the use of fax machines to transmit personal health information.

4. That Health Information Custodians should utilize secure electronic transmission measures when transmitting personal health information.

5. That Health Information Custodians should prioritize implementation of, and compliance with, the Mandatory Training Policy and ensure that appropriate privacy training is provided for new employees, returning employees, and for all employees annually.

6. That Privacy Impact Assessments addressing any new information system or communication technology that involves the collection, use, or disclosure of personal health information should be completed and submitted so that there is a reasonable period for review by the Information and Privacy Commissioner and for any comments to be considered by the Health Information Custodian in the planning stages before implementation.

7. That the government should consider amending Section 89 of the Health Information Act to include similar provisions regarding Privacy Impact Assessments as mandated in section 42.1 of ATIPP. Committee acknowledges and supports the Commissioner's recommendations concerning the Health Information Act. Therefore, Committee is recommending that:

Recommendation 6: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a timeframe for implementing the Information and Privacy Commissioner's seven recommendations related to the Health Information Act.

CONCLUSION

This concludes the Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Information and Privacy Commissioner.

Recommendation 7 The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 3-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Information and Privacy Commissioner be received and adopted by the Assembly. Thank you, Mr. Speaker.

Thank you, Member. To the motion.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that pursuant to Rule 9.4(5)(a) that the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days, or at the earliest opportunity subsequent to the passage of 120 days.

Thank you, Mr. Speaker.

Thank you, Member. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion passed.

---Carried

Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, your Standing Committee on Government Operations is pleased to provide its Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Languages Commissioner.

Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee Report 4-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Languages Commissioner, be deemed read and printed in Hansard in its entirety. Thank you.

The motion is in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion passed.

---Carried.

INTRODUCTION

The Standing Committee on Government Operations (Committee) has reviewed the 2022-2023 Annual Report of the Northwest Territories Languages Commissioner (Commissioner)1. The Committee thanks Ms. Brenda Gauthier, NWT Languages Commissioner for her appearance before the Committee on April 9, 2024. The Commissioner's 2022-2023 report highlights the Office's focus on supporting recent updates to the Official Languages Act and public engagement. The Commissioner's work and recommendations are reflected in Committee's observations.

ABOUT THE OFFICE OF THE LANGUAGES COMMISSIONER

The Office of the Languages Commissioner is established under the Official Languages Act. The Act recognizes eleven official languages in the NWT and provides that the public has certain rights with respect to using those languages. The Commissioner is appointed by the Legislative Assembly to investigate complaints, make recommendations, and promote the use of Official Languages.

OBSERVATIONS

Review official languages service delivery Section 29(a) of the Official Languages Act allows the Official Languages Board to “review the rights and status of each of the Official Languages, including their use in the administration and delivery of services and communications by government institutions.” The Commissioner has called on the Official Languages Board to action this part of their mandate, with a focus on the nine Indigenous languages.

Committee has previously endorsed the Commissioner's advocacy in this area. However, Committee notes that as of May 16, 2024, the Official Languages Board does not appear to have any active members, and therefore recommends:

Recommendation 1: The Standing Committee on Government Operations recommends that the Minister of Education, Culture and Employment ensure all official languages communities are actively represented on the Official Languages Board.

During the public review, the Languages Commissioner supported Committee's suggestion that the government should complete a government-wide inventory of Indigenous language speakers working for the Government and whether those speakers are being compensated for providing Indigenous language services. It is therefore recommended that:

Recommendation 2: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide Committee with a list of:

1. All Indigenous language speakers that work for the government.

2. Whether those employees receive the Bilingual Bonus for providing service in their Indigenous language.

3. What government services are being offered in an Indigenous language (and in which communities).

Compensate Indigenous language speaking employees

In the annual report, the Commissioner recommended that the Government of the Northwest Territories research and develop an assessment program for the nine Official Indigenous Languages to ensure that language speakers within the government are compensated for providing services in their language. In addition, the Commissioner felt that Indigenous language speaking employees are unaware of their eligibility for the Bilingual Bonus. Committee acknowledges the Commissioner's concerns and therefore recommends:

Recommendation 3: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories develop an assessment program for the nine Official Indigenous Languages.

Recommendation 4: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories launch a communications campaign to ensure all employees are aware of the Bilingual Bonus.

Review Indigenous Languages service offerings

The Commissioner has called on the government to mirror the Indigenous Languages and Education Secretariat (ILES) to the Francophone Affairs Secretariat. The Commissioner believes the Francophone Affairs Secretariat provides services that are not currently provided by ILES, including:

• Providing advice and support to Government of Northwest Territories (GNWT) institutions.

• Developing orientation programs for French Language Service Coordinators.

• Coordinating French translations services for the GNWT.

• Liaising with the Francophone community.

• Ensuring systematic audits of French language communications and services.

Committee is interested in learning why the same services and opportunities are not provided by ILES as are provided by the Francophone Affairs Secretariat, and therefore recommends:

Recommendation 5: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide the same services and opportunities for Indigenous languages speakers through Indigenous Languages and Education Secretariat that are offered to French language speakers through the Francophone Affairs Secretariat.

CONCLUSION

This concludes the Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Official Languages Commissioner.

Recommendation 6: The Standing Committee on Government Operations recommends that the Government of the Northwest Territories provide a response to the recommendations contained in this report within 120 days.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that Committee report 4-20(1), Standing Committee on Government Operations Report on the Review of the 2022-2023 Annual Report of the Northwest Territories Languages Commissioner, be received and adopted by the Assembly. Thank you.

The motion's in order. To the motion.

Question has been called. All those in favour? Opposed? Abstentions? Motion passed.

---Carried

Member from Frame Lake.

Thank you, Mr. Speaker. Mr. Speaker, I move, seconded by the Member for Great Slave, that pursuant to Rule 9.4(5)(a), the Government of the Northwest Territories table a comprehensive response to this report, including all recommendations, within 120 days, or at the earliest opportunity subsequent to the passage of 120 days. Thank you.

Thank you, Member. The motion is in order. To the motion.